AKHTAR ALI AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/22046/2024 · 2025-04-23
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74809 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74809 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:62370 Court No. - 84 Case :- APPLICATION U/S 482 No. - 22046 of 2024 Applicant :- Akhtar Ali And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chandra Prakash,Rama Shankar Prasad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned counsel for the informant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the N.B.W dated 24.06.2022 in Case No.983 of 2013 (State vs. Akhtar Ali and others arising out of Case Crime No.411 of 2012, under Sections 308,506 I.P.C., P.S. Kotwali, District Mau, pending in the court of Chief Judicial Magistrate, Mau.
3. Applicants earlier challenged the charge-sheet and summoning
order by filing Application u/s 482 Cr.P.C. No.12508 of 2016 and this Court by order dated 25.04.2016 stayed the further proceeding of the case. Trial Court by order dated 02.02.2021 in pursuance of the Apex Court Judgement in Asian Resufacing Road Agency Private Ltd. Vs. C.B.I. 2018 SCC, online SC 310 started proceeding before trial court and issued bailable warrant against the applicants. Thereafter, Court has issued non-bailable warrant against the applicants. Applicants filed this 482 Cr.P.C. application against non-bailable warrant. Since Application u/s 482 Cr.P.C. is pending before this Hon'ble Court, applicants may agitate the grievance before pending Application u/s 482 Cr.P.C. This Application u/s 482 Cr.P.C. is not maintainable. 4.At the outset learned counsel for the applicant gave up his challenge to the aforesaid non-bailable warrant and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.
5. Learned A.G.A. for the State of U.P. submits that in case the applicants is not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.
6. In view of the above, the relief as sought by the applicants in the instant application is refused.
7. However considering the aforesaid alternative prayer made by
learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.
8. For the period of three weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant dated 24.06.2022 shall be kept in abeyance.
9. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 24.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad